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B-189569 1 (1978-06-16)

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FILE:  B-189569


DATE:


June A6,


MATTEH OF: flichard   G.  Thomas


DIGEST:


Employee  was charged a flat fee for services
fr. nelling his house, based on a percentage of
the selling pr.P/e. He may be reimbursed
under FTfI pora., 2-,2c as a relocation expense.
where such a charge is specifically fixed by the
law of the jurisdictilin of Puerto lico for the
enumerated  scrviceii of preparing conveyances
and related notary fees and recording fees


    This acLion is in rcs'onse to a letter date July 6, 1977, from
Mr.  Edwin J. Fost, Chief, Accounting Section, Office of the Controller,
Drug Enforccment  Administration, Department  of Justice, requesting
an advance decision as.to the propriety of making payment on a voucher
in the.amount of $312,50, in favor of Mr. Richard G. Thomas, repro-
sentiik reimbursement  of legal fees charged in connezction with the
sale of his house incident to his official change of station. In addition,
our advico is requested concerning a similar expense ($224) incurred
for the prior purchase of that residence by Mr. Thomas.

    The record shows that Mr. ThdiaE  was  transferrcd from S:in Juan,
Puerto  lico, to El Paso, Texas, pursuant to Travel Order No. B-0021,
dated September 9, 1076. As  a resuit of this change of station,
Mr.  Thomas  incurred certain exfienscs In theisale of his home at his
old station. Of the amount claimed on the original voucher, an item
for legal fees in the amoint of $312. 50 for the preparation, execution
and recording of the deed in connection with the sale of that property
was suspended  pending receipt of an itenized accounting of each of the
services performed by the attorney and the cost of each service.

   According  to the file, Mr. Thomas advised that no itemization is
necessary in Puerto Hico. In support of his positio'n, he notes that
at the time of his transfer to Puerto Rico in 1974, a similarly based
expense '(for the preparnti6n, execution dnd, recording of the mortgage
on the property) Was incurred when he purchased the home.  Vhile
Ciat cost was challenged'adiinistratively, upon'presentation of
documentation to establish the basis upon which the fees are assessed
and without itemization, he was reiibursed for those required fees.
The documentation supplied was a letter from the mortgage company
explaining the manner in which title to real estate is transferred in
Puerto Rico.


1978


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